Educating Chinese Judges for New Challenges in the New Era

National Judges' College
National Judges’ College

One of the many documents issued late last year in the rush for year-end accomplishments (成就)is the Supreme People’s Court’s (SPC’s) latest Five Year Court Training Plan Outline for 2019-2023 (New Training Plan Outline) (2019—2023年全国法院教育培训规划).  The question this blogpost will explore is what is new and what has changed in the post-19th Party Congress New Era. As shown below, it is one small example of the impact of the 19th Party Congress on China’s legal and governance system. Competing obligations mean that this blogpost can only provide a few highlights and will focus on training for judges rather than support personnel, although the New Training Plan Outline covers all types of court personnel.

Other objective factors that have changed in the New Era are the number of cases in the courts (the majority of which are civil and commercial cases) and the average number of cases assigned to judges.  The numbers released to the public can only provide a general indication, as senior judges in a court (court presidents, vice presidents, and heads of divisions) are required to handle a small number of cases, which means in actual fact a greater burden on front-line judges, who constitute the majority of judges. The provinces and areas with the most developed economies tend to have the most number of cases.

This blog discussed the earlier plan almost five years ago.  The outside observer is handicapped by limited transparency about what the National Judicial College (NJC) actually does, although insights into the forthcoming curriculum can be found.  Previous versions of the NJC website had some course outlines, but those vanished in one of the website upgrades. In comparison, for example, the Australian National Judicial College publishes the National Judicial Curriculum and the German Judges Academy also has quite detailed information (to the extent this observer can understand it using a combination of high school German + Google translate).

The NJC, for those who aren’t familiar with it, is a separate institutional entity (事业法人) under the SPC, in charge of court training, primarily of judges, but also for other supporting staff. It is closely linked with the SPC’s Political Department (in charge of cadres). It has also hosted some training courses jointly (this was on administrative litigation) with the National Prosecutors College. Fortunately, the NJC website has posted screenshots of lectures (many by outstanding SPC judges) in its cloud classroom, although unfortunately, the lectures themselves are inaccessible.  I surmise that any teaching this spring will be at least initially online, as in other Chinese higher educational institutions. As of 30 March, this has provided to be correct, as the NJC website now features reports on training judicial trainers and provincial branches of the NJC providing training online.

What is new?

Consistent with what I wrote in this blog about Zhou Qiang’s report to the NPC in March of last year (2019) (and other 2019 blogposts), what is different about the New Court Training Plan Outline is the greater emphasis on political issues and Party leadership, although these were evident in the previous plan. The first sentence mentions Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era (习近平新时代中国特色社会主义思想) and “forging a high-quality court team (队伍) that the Party Center can rely upon and the masses are satisfied with.”  It mentions creating a revolutionalized,  regularized, specialized and professionalized team (革命化、正规化、专业化、职业化). As explained in an earlier blogpost, “revolutionized” signals absolute Party leadership. The top two goals for training are deepening education in Xi Jinping thought (习近平新时代中国特色社会主义思想学习教育更加深入) and further solidifying education with a Party nature (党性教育更加扎实).

What do Chinese judges need in the New Era?

The economic and social changes in China raise the competency bar for judges.  A more litigious and rights conscious public, the increasingly complex economy and a greater number of cross-border transactions and interactions, (not to mention coronavirus related issues) as well as a smaller number of judges to hear more cases means that judicial training is an important part of preparing Chinese judges for the New Era. Post 19th Party Congress changes in Party policy mean that competency in Party matters is increasingly significant.

The training plan

The training plan is linked to the 5th Five Year Judicial Reform Plan Outline, the Communist Party Central Committee’s five year training plan for national cadres, a special document for outstanding young cadres (关于适应新时代要求大力发现培养选拔优秀年轻干部的意见), the Court’s regulations on judicial training (to be amended),  as well the Court’s 2013 policy document on creating a new judicial team (队伍) in the new situation. Team (队伍 (or work team) derives from “classical” Party terminology (as Stanley Lubman highlighted in a 2014 article)).

The plan does not incorporate training for foreign judges, which the NJC delivers to judges from Belt & Road Initiative jurisdictions and other countries.

Content

The Training Plan stresses ideological, ethical, and professional training, for judges and other judicial personnel. Ideological training is listed first. Judicial training is to focus on active and practical methods, including the case method (no less than 30%), moot courts, and other interactive methods.  Even in the New Era, the intellectual influence of exchange and training programs with offshore counterparts (many of those in the NJC leadership had studied abroad) is apparent from the more interactive methods required.

Who’s being trained

The training requirements depend on the seniority of the judicial personnel

  • Court leadership: the focus is on their political education, as well as administration. The SPC will run a special training session on the Xi Jinping New Era thought for a large group of court leaders, with newly appointed ones required to participate in training within a year of appointment. In the next five years, they must participate in a certain minimum number of hours of Party school, cadre education, or judicial training.
  • The plan also calls for providing different types of training depending on court needs–off-site vs. on-site training, web-based training, circuit teaching (some of the younger SPC judges are sent to courts in western provinces to deliver training).
  • Special training program for new judges: the judicial training program (apparently drawing from the practice in Taiwan and Japan) for new judges highlighted almost five years ago still has not been put in place. The new plan calls for research into implementing measures for training for newly appointed judges and organizing training for a group that qualifies to take part in unified pre-service training) (研究制定法官职前培训实施办法, 组织符合条件的人员参加统一职前培训).

How will the Plan be implemented?

As I wrote in December, one of the little-discussed aspects of being in a leadership role in the SPC in the New Era ensuring that policies, actions, initiatives, and other decisions hit the target of being politically correct (post 19th Party Congress and post 19th Party Congress 4th Plenum) while being “problem-oriented” (坚持问题导向) that is, addressing relevant practical issues facing the court system.  As mentioned then, it is true for the leadership of the NJC as well as other SPC divisions and institutions, as can be seen from one document.

The NJC very usefully (for the outside observer, at least) posted a notice soliciting proposals (from qualified individuals and institutions) for judicial training in 2020 under the new plan. The guide to the proposals sets out the desired content, which must not only be politically correct (a given), but also creative (new training methods or viewpoints), and relevant–focusing on the new and difficult issues facing the courts. The solicitation lists 66 topics in seven categories:

  1. Ideological related training is listed first, of course, with six subtopics which include: Xi Jinping new ideology and strategy for ruling the country by law (listed first); enhancing socialist core values in judgments (see my earlier blogpost on a related topic);  political discipline rules as derived from the Party charter, regulations, and discipline.
  2. Professionalism: (four subtopics)–professional ethics and judicial values; judicial work-style and the standardization of judicial acts; anti-corruption issues and countermeasures; outstanding Chinese traditional legal culture and socialist justice (unclear whether this is meant to solicit critical views of Chinese traditional legal culture);
  3. Judicial capacity: this one has twenty-three subtopics, with a good portion also to be found in other jurisdictions: civil, commercial, administrative and criminal justice values and judgment formation; judgment writing and courtroom control; difficult financial cases; while other reflect Chinese characteristics: what to consider when hearing difficult and complicated cases involving the public (涉众型) (these are either criminal or civil cases); protecting property rights and preventing mistaken cases; intellectual property trials and serving the innovative strategy; dealing with zombie enterprises.
  4.  General courses: (eight subtopics)again, a mixture of courses seen elsewhere, and ones with Chinese characteristics: guiding the media; mediation techniques; blockchain, AI and the courts.
  5.  Case study courses: (13 subtopics)-most of the topics are ones found elsewhere in judicial academies, such as financial crimes, juvenile justice, and corporate disputes, but others reflect the New Era, such Xi Jinping New Era thought cases and case pedagogy,  cases promoting and applying the “Fengqiao Experience“; and sweeping black and eliminating evil cases.
  6. Discussion courses: Criminal, civil, and administrative law courses.
  7. Judicial reform: only six topics here, including implementing the judicial responsibility system; establishing intelligent courts; separating simple from complicated cases; administrative litigation reform, and promoting a trial based criminal justice system.

 

 

2 thoughts on “Educating Chinese Judges for New Challenges in the New Era”

  1. Among the general courses, I read “Mediation techniques”.
    In Italy mandatory mediation was ruled in 2010 and came in force in 2011.
    The Italian judges con order the litigants to undergo a mediation (delegated mediation) or/and make a solution proposal based on equity, which the parties are free to accept or refuse (not binding arbitration), in all subjects related to alienable civil rights. Since 2015 it is thanks to the judges that the use of mediation has been increasing in Italy: mediation proceedings delegated by judges were 2% (of all incoming mediation procedures) in 2011, 10% in 2015, 11% in 2016, 13% in 2017, 15% in 2018.
    If interested, “Mediation and judiciary in Italy 2019” is published in the
    Asia Pacific Mediation Journal, 2019 / 2, page 62
    http://mediate.or.kr/base/data/APMJ.php
    or in Academia.edu
    https://www.academia.edu/40638556/Mediation_and_judiciary_in_Italy_2019
    Best regards.
    Giovanni Matteucci
    giovannimatteucci@alice.it
    adrmaremma@gmail.com
    https://www.linkedin.com/in/giovanni-matteucci-58352226/

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